Rorabaugh

Filed 1/28/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C090482

Plaintiff and Respondent, (Super. Ct. Nos. STK-CR-

FECOD-2015-0006547 &

v. SF131576A)

DONALD RORABAUGH, ORDER MODIFYING OPINION

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on January 25, 2022, be modified as follows:

On page 23, following the heading “Analysis” the sentence beginning with “Here, there was substantial evidence” is deleted and the following sentence is inserted in its place:

Here, there was substantial evidence at the close of the prosecution’s case- in-chief that defendant murdered Magana.

1 There is no change in the judgment.

FOR THE COURT:

/s/

RAYE, P. J.

/s/

BLEASE, J.

/s/

HOCH, J.

2 Filed 1/25/22 (unmodified opn.)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San…